10/18/1995 PLANNING BOARD Executive Session

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� . � MASHPEE PLANNING BOARD Wednesday, October 18, 1995 After a roll call vote, the members went into executive session at 7: 40 p. m. Present were Chairman Anthony Ferragamo, Patrick Coffeyr Soyro Mitiokostas and Dennis Balzarini. Also present were F. Thomas Fudala, Eric Smith and John Kuchinsky. . Mr. Fudala said he asked Town Counsel the Board's question as to whether or not open space could be subdivided and endorsed by the Board as it doesn't show physical disruption of the property yet . He said Town Counsel ' s opinion is the plan should conform to the zoning regulations in all respects, and this plan would show a violation of the zoning bylaw and the Board can deny the plan on that basis. Town Counsel said the Board has 2 other options: 1 ) place a condition that the zoning violation be cured or 2) waive the strict compliance if it serves the public interest and a waiver has been requested by the applicant . Town Counsel noted that the applicant has not asked for such a waiver. The Board read the memo from Town Counsel in which she gave 4 reasons as a basis for denial of the plan. These reasons were for lack of information, violation of zoning bylaws, length of the dead-end road without a waiver requested, and the land is already shown as part of open space for Great Hay Acres. Town Counsel said the Board can' t approve the plan because it would affect the situation of all other lot owners of Great Hay Acres. � Mr. Fudala said building permits are not being issued for Great Hay Acres because Town Counsel had said it ' s not logical to issue building permits for lots which are only legal with a special permit, and if that wasn' t filed, they are undersized lots. The Board read the Building Commissioner 's written interpretation on the front yard setbacks. Mr . Fudala said it depends on where they place the houses according to the Commissioner ' s interpretation. Mr. Mitiokostas thought the Commissioner was supporting the applicant ' s interpretation. Chairman Ferragamo said the applicant was told to bring a letter stating that lots 5, 13 and 14 do or do not conform to the zoning, and that was not addressed by the Commissioner . He said he doesn' t know if the applicant asked that specific question. Mr . Coffey felt the strategy would be to use all 4 positions for a denial . Mr. Fudala expressed concern that the applicant may not be present tonight so he doesn ' t get effective notice of the denial . He said he would like to check on that and find out if he should send notice by overnight mail . Mr . Fudala looked through his book and found that he only has to file the decision with the Town Clerk.